IN RE DAY

Patent Appeal No. 4459.

118 F.2d 352 (1941)

In re DAY.

Court of Customs and Patent Appeals.

March 31, 1941.


Attorney(s) appearing for the Case

Charles C. Scheffler and Eugene L. Greenewald, both of New York City (Horace B. Van Valkenburgh, III, of New York City, of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (E. L. Reynolds, of Washington, D. C., of counsel), for the Commissioner of Patents.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.


LENROOT, Associate Judge.

Appellant here seeks reversal of a decision of the Board of Appeals of the United States Patent Office affirming a decision of the examiner rejecting, for lack of patentability over the cited prior art, claims 13, 23, 24 and 25 of his application for a patent. No claims have been allowed.

Claim 13 is illustrative of the subject matter involved and reads as follows: "13. Method of concurrently and uniformly surface hardening gear teeth...

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